People v. Francisco

OPINION OF THE COURT

Robert M. Stolz, J.

This case presents a novel issue under CPL 30.30, to wit: in a misdemeanor prosecution, should time accrued prior to the conversion of the complaint to an information be chargeable to the People if defense counsel fails to appear during that time. *289For the reasons set forth below, the court concludes that such time is excludable as a matter of law.

Defendant is charged with aggravated unlicensed operation of a motor vehicle (Vehicle and Traffic Law § 511 [2] [a] [iv]) and criminal possession of stolen property (Penal Law § 165.40). He moves to dismiss the…